醫療服務於暴力犯罪防治之專業職能分析研究－－以性侵害被害人為例

A Study on Developing a Professional Competence Framework for Medical Legal Services to Assist Victims of Sexual Violence

本研究以質性觀點應用職能理論研究法分析性侵害被害人司法醫療之功能與專業職能項目，職能架構來自性侵害犯罪防治法之功能分析，專業職能項目則源於內政部製發之「性侵害案件處理及驗傷採證影音教學光碟醫療篇」之研究結果。研究結果如下：法律規範司法醫療服務應具有犯罪通報、人證調查、物證蒐集、提供專業意見、參與法庭活動與證據能力維護等等11 項功能，教學光碟之專業職能主要有物證蒐集與證據能力維護等9 項專業職能，但未回應法律規範之記錄、專業意見與參與法庭活動之功能。建議未來可再強化此部份之專業職能，以提升我國醫療人員在暴力犯罪防治之能力與國家司法公平正義之服務品質。

In this qualitative study, the application of the functional theory analysis of sexual assault victims, judicial functions, professional functions of the medical project, the professional functions, blueprint from the functional analysis of the Sexual Assault Prevention Act, and the professional functions of project analysis from “sexual abuse injury case processing and collecting evidence content of DVD video teaching medical papers” issued by the Ministry of the Interior will be analyzed. The findings of the investigation were: It should be legal norms for medical services to be educated about witness investigations and evidence collection to provide professional advice, participate in the Tribunal activities and have the ability to maintain evidence. On the 11 item functional, professional DVD about the main functions of teaching evidence gathering and the capability to maintain 9 professional functions, it did not respond to the recording of legal norms, the function of providing professional legal advice and participation in court activities. Recommendation is that the future can be re-strengthened regarding this part of the professional functions to enhance medical capabilities of medical personnel in the service applying research with functional theory; utilizing The Sexual Assault Prevention Act Article’s ability prevention of violent crime, the justice of the country's judicial norms, and the Construction of sexual assault victims medical professional functions justice project. Recommendations for future policy should be to strengthen 1. health care in recording, professional advice and expertise to participate in court activities; 2. build national education and training manual to reinforce media video teaching in depth and breadth of the judicial medical expertise to enhance our medical personnel service capabilities, prevention of violent crime, and the justice of the state’s judicial quality.